Laws: Cases and Codes : U.S. Code : Title 29 : Section 216
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U.S. Code as of:
01/19/04
Section 216 - Notes
SOURCE
(June 25, 1938, ch. 676, Sec. 16, 52 Stat. 1069; May 14, 1947, ch.
52, Sec. 5(a), 61 Stat. 87; Oct. 26, 1949, ch. 736, Sec. 14, 63
Stat. 919; 1950 Reorg. Plan No. 6, Secs. 1, 2, 15 F.R. 3174, 64
Stat. 1263; Aug. 8, 1956, ch. 1035, Sec. 4, 70 Stat. 1118; Pub. L.
85-231, Sec. 1(2), Aug. 30, 1957, 71 Stat. 514; Pub. L. 87-30, Sec.
12(a), May 5, 1961, 75 Stat. 74; Pub. L. 89-601, title VI, Sec.
601(a), Sept. 23, 1966, 80 Stat. 844; Pub. L. 93-259, Secs.
6(d)(1), 25(c), 26, Apr. 8, 1974, 88 Stat. 61, 72, 73; Pub. L.
95-151, Sec. 10, Nov. 1, 1977, 91 Stat. 1252; Pub. L. 101-157, Sec.
9, Nov. 17, 1989, 103 Stat. 945; Pub. L. 101-508, title III, Sec.
3103, Nov. 5, 1990, 104 Stat. 1388-29; Pub. L. 104-174, Sec. 2,
Aug. 6, 1996, 110 Stat. 1554.)
REFERENCES IN TEXT
The Portal-to-Portal Act of 1947, referred to in subsec. (d), is
act May 14, 1947, ch. 52, 61 Stat. 84, as amended, which is
classified principally to chapter 9 (Sec. 251 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 251 of this title and
Tables.
The effective date of this amendment of subsection (d), referred
to in subsec. (d), occurred upon the expiration of 90 days after
Aug. 30, 1957. See section 2 of Pub. L. 85-231, set out as an
Effective Date of 1957 Amendment note under section 213 of this
title.
AMENDMENTS
1996 - Subsec. (e). Pub. L. 104-174 in first sentence substituted
"of section 212 of this title or section 213(c)(5) of this title"
for "of section 212 of this title" and "under section 212 of this
title or section 213(c)(5) of this title" for "under that section".
1990 - Subsec. (e). Pub. L. 101-508 struck out "or any person who
repeatedly or willfully violates section 206 or 207 of this title"
after "issued under that section," in first sentence, substituted
"not to exceed $10,000 for each employee who was the subject of
such a violation" for "not to exceed $1,000 for each such
violation" in first sentence, inserted after first sentence "Any
person who repeatedly or willfully violates section 206 or 207 of
this title shall be subject to a civil penalty of not to exceed
$1,000 for each such violation.", substituted "any penalty under
this subsection" for "such penalty" wherever appearing except after
"appropriateness of", substituted "Except for civil penalties
collected for violations of section 212 of this title, sums" for
"Sums" in last sentence, and inserted at end "Civil penalties
collected for violations of section 212 of this title shall be
deposited in the general fund of the Treasury."
1989 - Subsec. (e). Pub. L. 101-157 inserted "or any person who
repeatedly or willfully violates section 206 or 207 of this title"
in introductory provisions and inserted "or a repeated or willful
violation of section 215(a)(2) of this title" in par. (3).
1977 - Subsec. (b). Pub. L. 95-151, Sec. 10(a), (b), inserted
provisions relating to violations of section 215(a)(3) of this
title by employers, "(1)" after "section 217 of this title in
which", and cl. (2), and substituted "An action to recover the
liability prescribed in either of the preceding sentences" for
"Action to recover such liability".
Subsec. (c). Pub. L. 95-151, Sec. 10(c), inserted "to recover the
liability specified in the first sentence of such subsection" after
"an action by or on behalf of any employee".
1974 - Subsec. (b). Pub. L. 93-259, Sec. 6(d)(1), substituted in
second sentence "maintained against any employer (including a
public agency) in any Federal or State court" for "maintained in
any court".
Subsec. (c). Pub. L. 93-259, Sec. 26, in revising first three
sentences, reenacted first sentence, substituting "Secretary" for
"Secretary of Labor"; included in second sentence provision for an
action by the Secretary for liquidated damaged and deleted
requirement of a written request by an employee claiming unpaid
minimum wages or unpaid overtime compensation with the Secretary of
Labor prior to an action by the Secretary and proviso prohibiting
any action in any case involving an issue of law not settled
finally by the courts and depriving courts of jurisdiction of any
action or proceeding involving the issue of law not settled
finally; and substituted third sentence "The right provided by
subsection (b) of this section to bring by or on behalf of any
employee and of any employees to become a party plaintiff to any
such action shall terminate upon the filing of a complaint by the
Secretary in an action under this subsection in which a recovery is
sought of unpaid minimum wages or unpaid overtime compensation
under sections 206 and 207 of this title or liquidated or other
damages provided by this subsection owing to such employee by an
employer liable under the provisions of subsection (b) of this
section, unless such action is dismissed without prejudice on
motion of the Secretary." for "The consent of any employee to the
bringing of any such action by the Secretary of Labor, unless such
action is dismissed without prejudice on motion of the Secretary of
Labor, shall constitute a waiver by such employee of any right of
action he may have under subsection (b) of this section for such
unpaid wages or unpaid overtime compensation and an additional
equal amount as liquidated damages."
Subsec. (e). Pub. L. 93-259, Sec. 25(c), added subsec. (e).
1966 - Subsec. (c). Pub. L. 89-601 substituted "statutes of
limitations" for "two-year statute of limitations".
1961 - Subsec. (b). Pub. L. 87-30 provided for termination of
right of action upon commencement of injunction proceedings by the
Secretary of Labor.
1957 - Subsec. (d). Pub. L. 85-231 added cls. (1) and (2) and
designated existing provisions as cl. (3).
1956 - Subsec. (d). Act Aug. 8, 1956, added subsec. (d).
1949 - Subsec. (c). Act Oct. 26, 1949, added subsec. (c).
1947 - Subsec. (b). Act May 14, 1947, struck out provisions
relating to the designation by employee or employees of an agent or
representative to maintain an action under this section for and on
behalf of all employees similarly situated and inserted provisions
relating to the requirement that no employee shall be a party
plaintiff unless he gives his consent in writing and such consent
is filed with the court.
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administration of equal pay
provisions vested by subsecs. (b) and (c) of this section in
Secretary of Labor transferred to Equal Employment Opportunity
Commission by Reorg. Plan No. 1 of 1978, Sec. 1, 43 F.R. 19807, 92
Stat. 3781, set out in the Appendix to Title 5, Government
Organization and Employees, effective Jan. 1, 1979, as provided by
section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.
For transfer of functions of other officers, employees, and
agencies of Department of Labor, with certain exceptions, to
Secretary of Labor, with power to delegate, see Reorg. Plan No. 6
of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the
Appendix to Title 5.
LIABILITY OF STATE, POLITICAL SUBDIVISION, OR INTERSTATE
GOVERNMENTAL AGENCY FOR VIOLATIONS BEFORE APRIL 15, 1986,
RESPECTING ANY EMPLOYEE NOT COVERED UNDER SPECIAL ENFORCEMENT
POLICY
Pub. L. 99-150, Sec. 2(c)(1), Nov. 13, 1985, 99 Stat. 788,
provided that: "No State, political subdivision of a State, or
interstate governmental agency shall be liable under section 16 of
the Fair Labor Standards Act of 1938 [29 U.S.C. 216] for a
violation of section 6 [29 U.S.C. 206] (in the case of a territory
or possession of the United States), 7 [29 U.S.C. 207], or 11(c)
[29 U.S.C. 211(c)] (as it relates to section 7) of such Act
occurring before April 15, 1986, with respect to any employee of
the State, political subdivision, or agency who would not have been
covered by such Act [this chapter] under the Secretary of Labor's
special enforcement policy on January 1, 1985, and published in
sections 775.2 and 775.4 of title 29 of the Code of Federal
Regulations."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 255, 260, 626 of this
title; title 2 section 1313; title 3 section 413; title 5 sections
7702, 7703.
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